Kalamazoo & Grand Rapids Probate Litigation Attorney

With decades of combined probate and estate administration experience, we understand the tactics and strategies that prove effective in both prosecuting and defending these types of claims. All interested parties are afforded certain rights in probate court, and we are committed to protecting them.

The Probate Litigation Process

Probate litigation refers to legal disputes that arise during the probate process, which is the court-supervised procedure for administering a deceased person's estate. Probate litigation can involve contested wills, disputes over estate administration, claims by creditors, or disagreements among beneficiaries.

Steps of probate litigation include:

1. Filing the Probate Case: The process starts when an interested party, such as an executor, heir, or creditor, files a petition in probate court. If there is a will, the named executor typically initiates the case; if not, the court appoints an administrator. This step establishes the legal process for distributing the deceased’s assets.
2. Notice to Interested Parties: The court requires that all heirs, beneficiaries, and creditors be notified of the probate proceedings. This ensures they have the opportunity to participate in the process and raise any concerns. Proper notice helps prevent future disputes over the estate.
3. Identifying and Valuing Assets: The executor or administrator must take inventory of the deceased’s assets, including real estate, financial accounts, and personal property. They also assess the estate’s debts and liabilities. This step ensures accurate distribution and settlement of financial obligations.
4. Filing Claims and Objections: Interested parties can file legal challenges, such as contesting the will, disputing the executor’s actions, or submitting creditor claims. Common disputes include allegations of fraud, undue influence, or mismanagement of estate assets. These objections must typically be filed within specific legal deadlines.
5. Discovery and Evidence Gathering: If a dispute arises, both sides gather evidence through depositions, financial records, medical reports, and witness testimony. This phase helps build a case for or against claims related to the estate. It is a crucial step in preparing for settlement or trial.
6. Settlement Negotiations or Mediation: Many probate disputes are resolved through negotiations or mediation instead of going to trial. Parties may reach an agreement on asset distribution, executor duties, or claim settlements. This approach helps avoid lengthy and expensive court proceedings.
7. Trial (If Necessary): If no settlement is reached, the case proceeds to trial, where a judge (or jury) hears arguments and evidence. The court determines the validity of claims and decides how the estate should be handled. The judge’s ruling is legally binding on all parties.
8. Final Distribution and Closing of the Estate: After resolving all disputes and paying debts, the executor distributes the remaining assets to the rightful beneficiaries. The court then approves the final accounting and formally closes the probate case. This marks the legal completion of the estate administration process.

Consult with Willis Law Today

When we take on your case, we will work to find a way to resolve the matter without resorting to litigation. Alternative dispute resolution methods like negotiation and mediation often prove effective while saving you time and money.

That said, we are always ready to fight for our clients in the courtroom. If litigation is unavoidable, we can develop a thoughtful case and present it aggressively in probate court. We encourage you to schedule a free consultation to discuss your situation with our Kalamazoo & Grand Rapids probate litigation attorneys today.

Call (888) 461-7744 now to get started.